Legal Question in Personal Injury in Florida

I was recently in a parking lot fender bender. While backing out of a parking space I was hit by a lady who was backing out opposite me at the same time. While backing out I noticed that her car was moving and immediately rested on my horn. Once I saw that she did not respond to the horn from my car or the car of other driver, I tried to pull up to avoid the accident. However, it was too late. Her car made impact with my car while it was at rest.

When I approached her she immediately began apologizing and said that she didn't see me or hear my horn blaring. I reported the accident to my insurance company and they've said that since there is no clear damage to the other driver's vehicle, no paint transfer, no witnesses, and the other driver denies "feeling" the impact, I will have to pay my deductible in order to get my car fixed. Can I legally prove that she basically admitted to me that she hit me and then lied to her and my insurance company? Will my case hold up in court?


Asked on 10/08/09, 10:31 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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Answered on 10/08/09, 10:35 pm


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